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brooklynite

(96,882 posts)
Wed Dec 6, 2023, 07:53 PM Dec 2023

Colorado 14th Amendment challenge has state Supreme Court wary of disqualifying Trump

Source: The Hill

The Colorado Supreme Court on Wednesday appeared wary of disqualifying former President Trump from the 2024 ballot under the 14th Amendment, with several justices expressing concerns about their authority to intervene.

The lawsuit is one of many filed across the country seeking to prevent Trump’s return to the presidency. The Colorado case is on the fastest track, with many legal experts believing the dispute is destined for the U.S. Supreme Court.

...snip...

The justices on Wednesday wrestled with the many disputed interpretations of the clause’s text, raising alarm during the two-hour deep dive about accepting the plaintiffs’ arguments.

“I guess I’m expressing a concern about the definition of insurrection that the district court adopted. It strikes me as somewhat or potentially overbroad,” said Justice Richard Gabriel.



Read more: https://thehill.com/regulation/court-battles/4346429-colorado-14th-amendment-state-supreme-court-disqualifying-trump/
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Colorado 14th Amendment challenge has state Supreme Court wary of disqualifying Trump (Original Post) brooklynite Dec 2023 OP
Trump is a direct threat to democracy. Vanquishing him with a democratic vote is the only real cure Bucky Dec 2023 #1
Like trying to get rid of std's - noclue023 Dec 2023 #8
I don't think it works that way. Bucky Dec 2023 #10
Post Civil War bucolic_frolic Dec 2023 #2
"it would be a terrible tragedy to apply the Constitution to Trump"..... anciano Dec 2023 #5
Interpretation was always going to be an issue TwilightZone Dec 2023 #3
Seems a lot of judges, both state and federal, don't believe in the 14th amendment. republianmushroom Dec 2023 #4
Democracy or Fascist dictatorship, choose wisely judges. nt Hotler Dec 2023 #6
Luttig & Kaytal duckworth969 Dec 2023 #7
I do hope they will team up onetexan Dec 2023 #9

Bucky

(55,334 posts)
1. Trump is a direct threat to democracy. Vanquishing him with a democratic vote is the only real cure
Wed Dec 6, 2023, 08:00 PM
Dec 2023

I don't think anything other than voting him down is going get rid of this infection

 

noclue023

(66 posts)
8. Like trying to get rid of std's -
Thu Dec 7, 2023, 01:26 AM
Dec 2023

All it will take one state to dump trump on 14th amendment to get the ball rolling ? Other state's will follow !! Just need to break the ice !!

Bucky

(55,334 posts)
10. I don't think it works that way.
Thu Dec 7, 2023, 07:54 AM
Dec 2023

No more than a tiny few states will remove Trump from the ballot. And it'll only happen in states that Trump would have lost anyway. Thus it will have zero impact on the electoral college outcome.

So it will reinforce the message but the Democrats are scared of Trump, which will add to Trump's appeal among the Republicans and help them rationalize their own cheating and swing states.

So ultimately this is a plan to weaken democracy in order to save democracy from an anti-democratic tyrant and weaken the Democratic Party as the party of practical solutions for our economic problems. The reality is removing Trump from the ballots will be doing his work for him by making the process less democratic and making him seem legitimate. You're telling everyone in the middle that democracy is a sham. Throwing Trump off the ballot is a dumb, dumb way to fight for democracy and it's almost guaranteed to backfire on us.

The only way to beat Trump is with ballots. If we can't out vote him, then we've justified everything he said and done about the elections being rigged. It's not enough to beat the problem of Trumpism. We need to bury it.

bucolic_frolic

(48,187 posts)
2. Post Civil War
Wed Dec 6, 2023, 08:09 PM
Dec 2023

Reconstruction period, former Confederates were removed from political office or prevented from running. This was enforcement of the occupying US Army, which was the enforcement authority during that time period. There were no civil authorities (courts). All this was overseen and run by General Grant.

Post 14th Amendment, Congressional removal of "disabilities" were needed to run for office. Apparently these were granted several times in laws and amnesties that dated into the early 20th century. Former Confederates couldn't just run for office, they needed approval.

Now that's been flipped on its head. No one's responsible, no one knows who to turn to, no one wants the responsibility, no clear precedent was set, and it would be a terrible tragedy to apply the Constitution to Trump.

Trump has said he's at war with American democracy. Is that good enough? If he's at war with the government, he shouldn't run the government.

anciano

(1,646 posts)
5. "it would be a terrible tragedy to apply the Constitution to Trump".....
Wed Dec 6, 2023, 08:23 PM
Dec 2023

So far that seems to be the general consensus of the judiciary. I simply can't recall so much "analysis paralysis".

TwilightZone

(28,834 posts)
3. Interpretation was always going to be an issue
Wed Dec 6, 2023, 08:10 PM
Dec 2023

Particularly in the absence of any formal charges, indictments, or convictions. I think the latter is probably a prerequisite (notwithstanding and acknowledging the opinions of Judge Luttig, et al) for a state SC to remove him from the ballot, and that might not even be enough.

republianmushroom

(18,600 posts)
4. Seems a lot of judges, both state and federal, don't believe in the 14th amendment.
Wed Dec 6, 2023, 08:22 PM
Dec 2023

Trail judge even said he committed insurrection.

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